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Temporary Facilities

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1720-DR
ApplicantPutnman County District Library
Appeal TypeSecond
PA ID#137-UFJPV-00
PW ID#451
Date Signed2009-09-04T04:00:00

Citation:          FEMA-1720-DR-OH Putman County District Library, Temporary Facilities, Project Worksheet (PW) 451

Cross-

Reference:       Temporary Facilities

Summary:         Heavy rainfall across northern Ohio caused severe flash and reverse flooding from August 20, 2007, until August 27, 2007.  The rains completely flooded the basement of the Applicant’s facility and left 16 inches of water on the first floor.  The flood damaged the facility’s mechanical and electrical equipment and other contents in the basement. 

           The Applicant submitted the first appeal on February 28, 2008.  The Applicant argued that it is a critical part of the local educational services because it provides day care, pre-K services and is a partner of the Children and Family First Council of Putman County.  The Applicant stated that the library provides multiple media to many of its low income and disabled residents.  The Applicant also asserted that the library contained the governmental offices for administrative staff responsible for managing core operations of the entire Library System.  The Applicant stated that many residents would face a 20 mile round trip drive to the nearest branch.

       On April 19, 2008, the Regional Administrator denied the Applicant’s first appeal citing Public Assistance Policy 9523.3, Provision of Temporary Relocation Facilities.  The Regional Administrator agreed that the Applicant provided essential government services.  However, the Administrator stated that the Applicant does not provide the critical services that save lives, protect property or public health and safety to qualify for temporary facilities funding.

                  In the second appeal, the Applicant reiterated the arguments stated in the first appeal.      

Issue:           Will FEMA fund temporary relocation facilities for an applicant that does notprovide critical services that save lives, protect property or public health and safety?

Finding:        No.  

Rationale:    Public Assistance Policy 9523.3, Provision of Temporary Relocation Facilities

 

Appeal Letter

Dear Ms. Dragani:

Re: Second Appeal-Putman County District Library, PA ID 137-UFJPV-00,
Temporary Facilities, FEMA 1720-DR-OH, Project Worksheet (PW) 451

This letter is in response to your letter dated June 6, 2008, which transmitted the referenced second appeal on behalf of the Putman County District Library (Applicant). The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial to provide temporary facilities funding.

Heavy rainfall across northern Ohio caused severe flash and reverse flooding from August 20, 2007, until August 27, 2007. The rains completely flooded the basement of the Applicant’s facility and left 16 inches of water on the first floor. The flood completely damaged the facility’s mechanical and electrical equipment and other contents in the basement. The Applicant requested $23,591 to lease temporary space for the library. FEMA did not provide funding for PW 451 because the discontinuance of library services would not result in a threat to lives, property or public health and safety.

The Applicant submitted the first appeal on February 28, 2008. The Applicant argued that it is a critical part of the local educational services because it provides day care, pre-K services and is a partner of the Children and Family First Council of Putman County. The Applicant stated that the library provides multiple media to many of its low income and disabled residents. For example, the residents use the Applicant’s internet services to conduct business. The Applicant also provides visually-impaired residents with audio books. The Applicant also asserted that the library contained the governmental offices for administrative staff responsible for managing core operations of the entire Library System. The Applicant stated that many residents would face a 20-mile round trip drive to the nearest branch.

On April 19, 2008, the Regional Administrator denied the Applicant’s first appeal citing Public Assistance Policy 9523.3, Provision of Temporary Relocation Facilities.

The Regional Administrator stated that the Applicant did not provide the essential services that save lives, protect property or public health and safety to qualify for temporary facilities funding.

In the second appeal, the Applicant reiterated the arguments stated in the first appeal.

I reviewed all the information submitted with the appeal and determined that the Regional Administrator’s decision in the first appeal is consistent with Public Assistance regulations and policy. Accordingly, I am denying the second appeal.

Please inform the Applicant of my decision. This determination is the final decision on this matter pursuant to 44 CFR §206.206, Appeals.

Sincerely,

/s/

Elizabeth A. Zimmerman
Assistant Administrator
Disaster Assistance Directorate
cc: Janet Odeshoo
Acting Regional Administrator
FEMA Region V